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Personal Injury
What do you do if you believe you have a personal injury claim
against another person or corporation? A few personal injury claims
are caused by the intentional acts of others. These involve issues of
assault and/or battery. While the criminal courts are often involved
in these actions, there is a civil claim for money damages that may
be made against a person who intentionally injures another.
Most personal injury claims, however, deal with negligence.
Negligence is defined as a failure to use reasonable care. In other
words doing something a reasonably careful person would not do or
failing to do something a reasonably careful person would do. One
party can only be liable for another party's personal injury if that
person was at fault and that fault was the cause of the other
person's injury. Most personal injury claims involve automobile
accidents; bus, plane or train accidents; premises liability or
professional negligence. Premises liability cases may include slip
and falls, building defects, failure to provide adequate security, or
the like.
An individual can resolve his or her own personal injury claim either
with the at-fault individual or with an insurance representative of
the at-fault individual. In a minor injury with no permanent
disability, it may be economically advantageous to handle the claim
without an attorney. However, where there is a dispute as to fault,
or a dispute as to the extent of the injury, use of an experienced
attorney is recommended. If you have a claim that you believe
requires the use of an attorney, you should employ an attorney early.
You should not give statements or make commitments to a
representative of the other party without legal advice.
Often times the total extent of an injury cannot be determined for
some length of time. This is particularly true with injuries to
children, injuries that cause psychological problems and injuries
which aggravate pre-existing conditions. In the final analysis, the
amount of money that you receive to compensate you for your personal
injuries is dependent on the comparative fault of the two parties and
the extent of the personal injuries. For example: if the value of
your personal claim is $10,000, however, you were 25 percent at fault
in the incident, the law states that you are entitled to $7,500.
You should immediately notify all insurance carriers of your personal
injury claim. If it is an automobile claim, you should not only
notify the other parties' insurance carrier, but also your own
automobile insurance carrier. Different benefits are dependent upon
the type of accident and the type of insurance coverage held by the
different parties. If you are employing an attorney, it is important
for you to bring to that attorney all of your insurance policies
including automobile, health, and disability. Caution should be used
in resolving these claims early.
In a personal injury claim, a person may bring a claim for their
out-of-pocket medical expenses, wages lost because of being disabled,
their inability to earn wages in the future, pain and suffering,
disfigurement, disability and inability to lead the same life one led
before the incident. If the claim is for the death of an individual,
the Florida Legislature has established who may make a claim for that
wrongful death and what damages each person may claim.
Most attorneys handle personal injury cases based on a contingency
fee, which means the lawyer takes as a fee a percentage of the
recovery. Any fee agreement with an attorney must be in writing. The
fee agreement must state a method by which the fee is to be
determined including the percentage or percentages that shall go to
the lawyer in the event of a settlement, trial or appeal. If the
attorney that you employ wishes to associate another attorney from
another law firm to assist, the contract must be agreed to and signed
by all attorneys as well as yourself. The Florida Bar also publishes
a Statement of Client's Rights. A copy of the statement signed by
both the client and the lawyer shall be given to the client to keep
and the lawyer shall retain a copy in the client's file. Please read
the Statement of Client's Rights carefully. If you have any
questions, please voice them. The Statement of Client's Right
explains how the contingent fee contract works, your ability to
discharge your lawyer if you are dissatisfied, your lawyer's
responsibility to communicate information to you and your final
authority to resolve your claim.
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*NOTE - The hiring of a lawyer is an important decision that should
not be based solely upon advertisements. Before you
decide, ask us to send you free written information about our
qualifications and experience.
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